More than 70 percent of China's criminal cases are misdemeanor cases with a fixed-term sentence of less than three years or a suspended sentence, and such cases basically meet the conditions for release on bail pending trial, but in practice, most of the case-handling organs do not agree to release on bail. I have roughly sorted out and summarized the following reasons:
The current criminal law is not perfect enough to provide for release on bail pending further investigation, and the discretionary power of the case-handling organs is too great, resulting in a large number of misdemeanor cases that are difficult to release on bail pending trial. If the provisions of the Criminal Procedure Law were to be changed to bail, it would be more conducive to bail in misdemeanor cases in practice.
The Code of Criminal Procedure on the possibility of release on bail pending trial includes: aand may be sentenced to controlled release, short-term detention, or an independent application of supplementary punishments;b.A sentence of fixed-term imprisonment or higher might be imposed, and release on bail pending trial would not cause danger to society;c.Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, will not be a danger to society if they are released on bail pending further investigation;d.Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
The case-handling organs feel that it will affect their case-handling efficiency. For example, if you have been detained in a detention center, the case-handling organ can arraign you at any time, so that you don't have to contact the criminal suspect first, which will affect the efficiency of the case.
The case-handling organs find that there may be a possibility of collusion, which will then affect the outcome of the actual case-handling.
The case-handling organs are afraid of being held responsible. The family members and lawyers of criminal suspects give a lot of reasons when they apply for bail pending trial, but when something really happens and needs to be held responsible, it is also who approves it and bears the responsibility. If the criminal suspect runs away, it will affect the efficiency of handling the case.
The above reasons are naturally not problematic from the perspective of the case-handling organ, but as a practicing lawyer, litigation participants naturally need more standardized laws and regulations to ensure their rights and interests.